Nuffnang

Saturday, July 31, 2010

COMELEC Disqualifies Svetlana Jalosjos as Baliangao Mis Occ Mayor

The Commission on Elections (Comelec) on Friday disqualified the daughter of former Congressman Romeo Jalosjos who won, by only SIX VOTES, as mayor of Baliangao town in Misamis Occidental during the May elections.

In a five-page decision, the Comelec's Second Division said Svetlana Jalosjos failed to prove that she stayed long enough in Baliangao as a resident to be qualified to run for mayor.

Section 39 of the Local Government Code of the Philippines states that a candidate running for an elective post must be a resident of the municipality or province where he or she is running, for at least a year.

Svetlana won over Agne Yap by only six votes in the last elections.

In the said ruling, signed by Comelec Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph, it opined that the young Jalosjos failed to establish her residency, which would allow her to run and sit as mayor of the said town.

Svetlana, won as mayor of Baliangao town against Agne Yap Sr. by only six votes.  Svetlana, being an artist is now running the family’s entertainment venture Fantasyland in Dapitan.

The Comelec argued that Svetlana “failed to prove her bodily presence in Baliangao and her intention to remain therein and her intention not to return to her domicile of origin, Dapitan City.”

“As it is, respondent even admitted that she is the one attending to their family businesses in Dapitan City. Her claim that she purchased two parcels of land in Baliangao is not backed up by any title. More importantly, the local officials of Baliangao in their joint affidavit declared that they have not seen respondent in their locality,” the document states.

The election court also pointed out that the purpose of the residency requirement is to prevent a newcomer, who is unfamiliar with the conditions and needs of the community a candidate wants to serve.

According to the resolution, the residency requirement is aimed at excluding outsiders from taking advantage of favorable circumstances existing in the community for electoral gain.

The COMELEC cited the requirements of domicile, which includes residence or bodily presence in the new locality, an intention to remain there and intention to abandon the old domicile. In the case of Svetlana Jalosjos, these requirements were absent citing that her original domicile is Dapitan City.

The case reached the Comelec after petitioners Edwin Elim Tumpag and Rodolfo Estrellada lodged their petition to question Svetlana’s qualifications.

Tuesday, July 20, 2010

Resolution No. 9005 - Registration of Voters for October 25, 2010 Barangay Elections Set

RESOLUTION No. 9005

RULES AND REGULATIONS ON THE RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS FOR THE OCTOBER 25, 2010 BARANGAY ELECTIONS
[Promulgation: 19 July 2010]



The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 7160, 8189, 9369 and other pertinent election laws, RESOLVED to promulgate, as it hereby promulgates, the following rules and regulations to govern the conduct of registration of voters for purposes of the October 25, 2010 Barangay Elections.



SECTION 1. Who may register. – Any Filipino citizen may register as a voter for purposes of the Barangay Elections, provided he possesses the following qualifications:
1) At least eighteen (18) years of age; 
2) Has resided in the Philippines for at least one (1) year and, in the place wherein he proposes to vote, for at least six (6) months immediately preceding the election; and, 
3) Not otherwise disqualified by law.
Any person who, on the day of his application for registration, may not have reached the required age or period of residence but who, on October 25, 2010, shall possess such qualifications, may register as a voter.

SEC 2. Who are disqualified to register. – The following are disqualified to register:
a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty. Any person so disqualified shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence; 
b) Any person who has been adjudged by final judgment of a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearms laws, or any crime against national security, as defined and penalized under the Revised Penal Code. However, he shall automatically regain his right to vote upon the expiration of five (5) years after service of sentence; and 
c) Insane or incompetent persons as declared by competent authority.
SEC. 3. Date, time and place of filing of applications; hearing and approval/disapproval. – Applications for registration, transfer of registration records, reactivation and changes/corrections of entries in the registration records/inclusion of registration records/reinstatement of name in the list of voters shall be personally filed at the Office of the Election Officer (OEO) of the district/city/municipality where the applicant resides from Mondays to Sundays, from 8:00 o’clock in the morning to 7:00 o’clock in the evening. The applications shall be heard by the Election Registration Board (ERB) at the OEO, in accordance with the following schedule:


Period to file applications Last day to post Notice of Hearing Last day to file opposition to the applications for registration/transfer of registration records Hearing/Approval/ Disapproval of Applications
August 1, 2010 to August 10, 2010 August 16, 2010 August 18, 2010 August 20, 2010


The Election Officer (EO) shall adopt a system of processing applications to speed up the registration process, minimize queuing and, avoid inconvenience. Preferential treatment or express lane shall be provided to the elderly, persons with disability, and pregnant women.

In the Autonomous Region in Muslim Mindanao (ARMM), the Provincial Election Supervisors shall, upon the report of the Election Officers, taking into account the existence of Ridos (family feuds) between and among families residing in different barangays or the lack of a municipal hall or where the house of the Mayor serves as the Municipal Hall, recommend the transfer of venue or the establishment of sub-offices for purposes of registration, preferably in areas accessible to all prospective voters and/or within the same office/compound of other government offices, which shall be within the same municipality.

Notices of the location of the sub-office and date of registration shall be posted in five (5) conspicuous places of the municipality and the concerned barangays and furnished to the Election and Barangay Affairs Department (EBAD).

No transfer of venue or establishment of sub-offices shall be made without the approval of the Commission En Banc.

Further, there shall be no satellite registration in the non-ARMM areas.

Sec. 4. ERB Hearing for the Purpose of Cleansing the Lists of Voters. – In order to implement Resolutions No. 8791, 8817 and 8882 and other policies of the Commission in cleansing the lists of voters, the ERB shall convene on July 12, 2010 for the purpose of [1] abatement of double/multiple registrants, [2] deactivation of registration records of voters who failed to vote twice in the two preceding successive elections, [3] cancellation of registration records by reason of death, and [4] reactivation of registration records of those voters who were erroneously deactivated in the previous registration period.

For this reason, there shall be no deactivation of voters registration records on the ground of failure to vote twice in the two (2) preceding successive elections during the August 20, 2010 ERB hearing.  Subject to the exception provided in the preceding statement, abatement, deactivation based on other grounds and cancellation of registration records by reason of death occurring after July 12, 2010, may still be given due course in the August 20, 2010 ERB hearing and other hearings that will be set thereafter.

SEC. 5. Procedure for filing of applications for registration of Barangay Elections voters. – (a) The applicant shall personally appear before the EO, state his name and exact address, specifying the house number, name of the street, area, district, purok or sitio, and barangay where he resides, or a brief description of his residence, and present any of the following identification documents that bears the applicant’s photograph and signature:
  1. Current employee’s identification (ID) card, with the signature of the employer or authorized representative;
  2. Postal ID;
  3. Student’s ID or library card, signed by the school authority;
  4. Senior Citizen’s ID;
  5. Driver’s license;
  6. NBI/PNP clearance;
  7. Passport;
  8. SSS/GSIS ID;
  9. Licenses issued by the Professional Regulation Commission (PRC); or
  10. Integrated Bar of the Philippines (IBP) ID.
In the absence of any of the aforementioned identification documents, the applicant may be identified under oath by any registered voter of the precinct, or by any of his relatives within the fourth civil degree of consanguinity or affinity who are registered voters of the same city/municipality. No registered voter shall be allowed to identify applicants more than three (3) times.

If the applicant fails to establish his identity by any of the aforementioned methods/documents, he shall not be issued an application form.

(b) Upon establishing the identity of the applicant, the EO shall initially screen the name of the prospective applicant for registration from the National List of Registered Voters (NLRV) and National List of Deactivated Voters (NLDV). If found in any of the said lists, he shall not issue to him/her an application for registration but shall advise the applicant to apply for:
  1. Transfer of registration record, if the name is found in the NLRV (another district/city/municipality); and
  2. Reactivation/transfer with reactivation of registration record, if name is found in the NLDV.
(c) The EO shall, using the barangay precinct map, verify whether the address given by the applicant is located within the territorial boundary of any of the precincts of the barangays within the jurisdiction of the district/city/municipality.

If the applicant is not a resident, the EO shall instruct the applicant to proceed to the OEO of the district/city/municipality where the applicant resides.

If the applicant resides within the territorial jurisdiction of the city/municipality, the EO shall:
  1. Inform the applicant of the qualifications and disqualifications for registration;
  2. Determine the precinct where the applicant belongs by referring to the barangay precinct map. The applicant shall be assigned temporarily to the mother precinct comprising his residence. The precinct assignment shall be finalized after the approval of the application. Daughter precinct(s) shall be created to accommodate approved applicants in excess of the 200-voter per precinct limit.
    In case of boundary dispute, the EO shall maintain the status quo.
  3. Indicate the precinct assignment of the applicant at the upper right-hand portion of the application form. No dummy/default precinct assignment shall be allowed; and
d) Upon receipt of the application forms, the applicant shall personally accomplish the same separately in his/her own handwriting and submit the accomplished application forms to the EO. TITLES SUCH AS ATTORNEY, REVEREND, ENGINEER, DATU, SULTAN, HADJI, BAI, DOCTOR AND OTHER TITLES OF SIMILAR NATURE SHALL NOT BE ALLOWED.

(e) For illegitimate children whose certificates of live birth do not include a middle name, the character “__” (underscore) may be used for the middle name during the computer encoding of the data of the applicant. However, if a middle or maternal name is indicated in the certificate of live birth of an illegitimate person, the same may be used by such voter in the filing of his application for registration and/or cases of correction of entries.

(f) In case of applicants who do not know their birth date, the numbers 01-01-1901 (default birthday) shall be used; provided, that the EO can reasonably ascertain that the applicant is of voting age through his/her physical features, and other relevant indicators such as year in college and number of children.

(g) The EO shall ensure that the application has been filled up correctly, completely and legibly; write down the Application Form Number; return the forms to the applicant; and direct the applicant to the Data Capture Machine (DCM) Operator.

The Application Form Number shall consist of four parts and thirteen digits, as follows:


First Part - Two (2) digit province code
Second Part - Two (2) digit city/municipal code
Third Part - Two (2) digit Data-Capture Machine (DCM) Number which is 30 (default)
Fourth Part - Seven (7) digit control code, which shall start with the number following the last application form number assigned on December 29, 2009.

(h) Using the DCS, the DCM Operator shall:
  1. Select File -> Registration
  2. Click on NEW radio button
  3. Encode demographics information and capture the biometrics data of the applicant
  4. Save the record
He shall then direct the applicant to the EO.
(i) Upon receipt of the application, the EO shall:
  1. administer the oath (before the Koran in ARMM areas);
  2. affix his signature in the appropriate space of the form;
  3. retain the three (3) copies; and
  4. cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing of his application.
SEC. 6. Application sans biometrics. – The application form of an applicant who fails to submit himself for the live capture of his biometrics data for cause/s attributable to his own fault shall be deemed incomplete and not filed. As such, the application shall be disapproved for failure to complete the requirements.

In the event that the allocated Data Capture Machine (DCM) becomes defective or the biometrics data of the applicant cannot be captured within the registration period due to the great volume of applicants, absence of electricity/alternative power source and analogous cases, the Election Officer shall receive the application and inform the applicant when to return for data capture. The Election Officers and their Assistants are authorized to accomplish the data capture not later than August 19, 2010. If the biometrics data capture cannot be accomplished within the said period without fault of the applicant, the application shall be submitted to ERB for Hearing.

The CVL technicians shall certify as to the fact of DCM and its peripherals malfunction to be confirmed by the Provincial Election Supervisors, who shall report the matter to the Information Technology Department.

Further, in cases where any of the DCM peripherals become defective, such that the registration procedures cannot be completed, the Provincial Election Supervisors shall be allowed to make the necessary arrangements with the concerned Election Officers under his jurisdiction to devise a scheduling system for the sharing of the working DCM peripherals with nearby cities or municipalities until such time that the defective peripherals shall be replaced with working units. This sharing mechanism shall be limited to two cities and / or municipalities.


SEC. 7. Accomplishment of application forms by illiterate or person with disability.
As used in this Section, person with disability shall refer to disabled person as defined by the Republic Act No. 8189.  Any illiterate or person with disability shall be assisted by the Election Officer in the preparation of his application form, or by any member of an accredited Citizen’s arm, or a relative within the fourth civil degree of consanguinity or affinity, or if he has none present, by any person of confidence who belongs to the same household.

In no case shall an assistor assist more than three (3) times except the EO/EA. All assistors must be of voting age.

The EO shall place the illiterate or person with disability under oath, after which the assistor shall ask the illiterate or person with disability relevant questions, and record the answers given in order to accomplish properly the application form.

Once the application form is accomplished, it shall be given to the EO who shall read the accomplished form aloud to the person assisted and ask him if the information given are true and correct.

The applicant shall, in the presence of the EO, affix his thumb mark or some other customary mark on the duly accomplished form.

The Assistor shall then accomplish in three (3) copies the Certification/Attestation, designated hereto as Annex “B”, which shall be attached to the accomplished application form.


SEC. 8. Procedure for filing of application for transfer of registration records from another district/city/municipality. – Any registered voter who has transferred residence to another district/city/municipality, at least six (6) months before the October 25, 2010 elections, may apply for transfer of his/her registration record by personally appearing before the EO of his new residence.

The EO shall verify from the National List of Registered Voters (NLRV) if the applicant’s name is included in said list. If the applicant’s name is not included in the NLRV, the EO shall verify if the applicant’s name is included in the National List of Deactivated Voters (NLDV).

a. If applicant’s name is included in the National List of Registered Voters or in the National List of Deactivated Voters -

The EO shall give the applicant three (3) copies of the prescribed application form hereto attached as Annex “C” (CEF-1B – Application for Transfer/ Application for Transfer with Reactivation). The applicant shall thereafter accomplish said application form separately in three (3) copies subject to Section 5 hereof.

It is important that the EO shall check the box corresponding to the appropriate type of application. In the assignment of precinct number and Application Form Number, the EO shall follow the procedure provided in Sec. 5 (c) hereof.

Using the DCS, the DCM Operator shall:
  1. Select File -> Registration
  2. Click on Transfer from other municipality/city radio button
  3. Encode demographics information and capture the biometrics data of the applicant
  4. Save the record
He shall then affix his/her initial below the space provided for the EO’s signature in Part 2 of the application form.

The application for transfer of registration records to another district/municipality shall be subject to the requirements of notice and hearing and the action of the ERB.

Once the application is approved, the EO shall notify of said approval the EO of origin by registered mail. Only a notice of approval, duly signed by the EO as Chairman of the ERB, reflecting the name, birth date, place of birth, current address, old precinct assignment/barangay/city of the applicant-transferee shall be sent, without need of the copy of the approved application for transfer. Upon receipt of said notice, the EO of origin shall remove the voter’s registration record from the corresponding precinct book of voters and delete the name of the voter from the district/city/municipal list of voters.

b. If the applicant’s name is not included in the National List of Registered Voters nor in the National List of Deactivated Voters

The EO shall first require the applicant to show proof of his registration. In this aspect, a showing of a Comelec ID or a Certification from the EO of former place of registration will suffice as evidence of previous registration. Upon such showing of proof, the EO shall issue an application for transfer. A facsimile copy of the proof shall be attached to the application.

In the absence of proof that the applicant is a registered voter, the EO shall advise the applicant to file an application for registration. The EO shall thereafter issue the prescribed application form (CEF-1A – Application for Registration) to the applicant, who shall accomplish said form in accordance with Section 6 hereof. In addition, the EO shall issue to the applicant a Certification (sample form attached as Annex “D”) stating that the applicant intended to apply for transfer but he/she was instead advised to apply for original registration, for want of proof that he/she is a registered voter of another district/city/municipality.

The DCM operator shall perform the procedure for capturing demographics and biometrics as stated in Section 5(h) hereof.


Sec. 9. Procedure for filing of Applications for transfer of registration records within the same city/municipality. – Any voter who has changed his address in the same city or municipality may apply for transfer of his/her registration record to the precinct book of voters of his/her new precinct by accomplishing CEF-1B (Application for Transfer).

The EO shall verify in his local database the record of the applicant, using the DCS utilities program. The EO shall use the old application form number of the applicant and direct the applicant to the DCM Operator.
a) If the record has complete biometrics, i.e. it has photograph, fingerprints and signature, using the DCS, the DCM operator shall:
  1. Select File -> Others
  2. Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
  3. Right-click the record of the applicant in the list
  4. Click TRANSFER WITH BIOMETRICS
  5. Edit the address and precinct number fields
  6. Save the record
    After ERB approval, the place of residence and precinct number of the applicant’s record shall be changed to his current address and precinct assignment.
b) If the record has incomplete biometrics, i.e. any of the biometrics is not present, using the DCS, the DCM operator shall:
  1. Select File -> Others
  2. Type the lastname, firstname and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
  3. Right-click the record of the applicant in the list
  4. Click TRANSFER WITHOUT BIOMETRICS
  5. Edit the address and precinct number fields
  6. Capture the biometrics information of the applicant
  7. Save the record 
    After ERB approval, the place of residence and precinct number of the applicant’s record shall be changed to his current address and precinct assignment and the biometrics will be included in his record.
Sec. 10. Procedure for filing of Applications for Reactivation. – Any registered voter whose registration has been deactivated based on any of the grounds provided under Sec. 27 of R. A. No. 8189 and those deactivated in the last continuing registration of voters may request for the reactivation of his registration record by personally accomplishing in three (3) copies, both sides of the prescribed application form hereto attached as Annex “E” (CEF-1C-Application for Reactivation).

The EO shall verify in his local database the record of the applicant, using the DCS Utilities program.  The EO shall use the old application form number and direct the applicant to the DCM Operator.
a) If the record has complete biometrics, i.e. it has photograph, fingerprints and signature, using the DCS, the DCM Operator shall:
  1. Select File -> Others
  2. Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
  3. Right-click the record of the applicant in the list
  4. Click REACTIVATION
  5. Save the record 
    After ERB approval, the applicant’s record shall be reactivated in the city/municipality local database.
b) If the record has incomplete biometrics, i.e. any of the biometrics is not present, using the DCS, the DCM operator shall:
  1. Select File -> Others
  2. Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
  3. Right-click the record of the applicant in the list
  4. Click REACTIVATION WITH BIOMETRICS CAPTURE
  5. Capture the biometrics information of the applicant
  6. Save the record 
    After ERB approval, the old record of the applicant shall contain biometrics data and shall be reactivated.
After completion thereof, the EO shall cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing his application.


Sec. 11. Procedure for filing of applications for change of name by reason of marriage, or court order or order by the Civil Registrar or Consul General. – Any registered voter whose name has been changed by reason of marriage or court order or order of the Civil Registrar or Consul General may file an application for change of name by personally accomplishing three (3) copies of the application form hereto attached as Annex “F” (CEF-1D – Application for Change/Correction of Entries). It is important that the EO shall check the box corresponding to the appropriate type of application.

In support of the application, the applicant shall submit a certification by the marriage solemnizing officer (for Muslims) or a certified true copy of the marriage contract or court order, or order of the Civil Registrar or Consul General, as the case may be.

This may also be availed of in cases where the marriage of a female registered voter has been annulled or declared a nullity by competent court, in which case the affected voter who previously registered using her husband’s surname, may request to change her name, i. e., to revert to the use of her maiden name and change of signature.  To support her request, the applicant shall attach a certified true copy of the Court’s final ORDER/DECISION, annulling the marriage or declaring the marriage a nullity.

The EO shall verify in his local database the record of the applicant, using the DCS Utilities program. The EO shall use the old application form number and direct the applicant to the DCM operator. Using the DCS, DCM Operator shall:
  1. Select File -> Others
  2. Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
  3. Right-click the record of the applicant in the list
  4. Click CORRECTION OF ENTRIES
  5. Edit the last name field and update only the signature (in case the record has complete biometrics) or all biometrics information (in case the record has no biometrics) of the applicant
  6. Save the record

    After ERB approval, the change of name requested shall be effected.
Sec. 12. Procedure for filing of applications for correction of entry/entries in the registration records. – A registered voter whose registration record in the precinct book of voters or certified list of voters contains erroneous entries, including wrong or misspelled name, birth date, birth place or typographical errors, may request for its correction.  In support thereof, he shall attach thereto the court order (birth date) or an order of the Civil Registrar (name), or any evidence that may warrant its correction.

The registered voter shall file an application for correction of entry/entries in the registration record by personally accomplishing three (3) copies of the application form hereto attached as Annex “F” (CEF-1D – Application for Change / Correction of Entries). After completion thereof, the EO shall retain the same, cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing of his application. It is important that the EO shall check the box corresponding to the appropriate type of application.

The EO shall verify in his local database the record of the applicant, using the DCS Utilities program. The EO shall use the old application form number and direct the applicant to the DCM operator. Using the DCS, the DCM operator shall:
  1. Select File -> Others
  2. Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
  3. Right-click the record of the applicant in the list
  4. Click CORRECTION OF ENTRIES
  5. Edit the fields to correct and capture biometrics information (in case the record has no biometrics) of the applicant
  6. Save the record

    After ERB approval, the correction of entry/entries shall be indicated in his record.
Sec. 13. Procedure for filing of applications for reinstatement of registered voter whose name has been omitted in the list of voters. – Any registered voter whose name has not been included or has been omitted in the precinct certified list of voters may file with the OEO an application for reinstatement.  For this purpose, he shall personally accomplish in three (3) copies the application form hereto attached as Annex “F” (CEF-1D – Application for Change/Correction of Entries/ and Inclusion/Reinstatement of Record in the List of Voters).  It is important that the EO shall check the box corresponding to the appropriate type of application.  The EO shall use the new application form number and direct the applicant to the DCM operator for demographics and biometrics data capture. The DCM operator shall perform the procedure for capturing demographics and biometrics as stated in Section 5 (h) hereof.

Thereafter, he shall affix his initial below the space provided for the EO’s signature in Part 2 of the application form.

If it is denied or not acted upon, he may file on any date with the proper Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order directing that his name be entered in the list. He shall attach to the petition a certified copy of his registration record or identification card or the entry of his name in the certified list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the ERB and that he has served notice to the ERB.

Sec. 14. Procedure for filing of applications for inclusion of registration record not included in the precinct book of voters. – Any registered voter whose registration record has not been included in the precinct book of voters may file with the ERB an application for inclusion of his record. For the purpose, he shall personally accomplish in three (3) copies the application form hereto attached as Annex “F” (CEF-1D – Application for Change/Correction of Entries/and Inclusion/Reinstatement of Record in the List of Voters).  It is important that the EO shall check the box corresponding to the appropriate type of application. The EO shall use the new application form number and direct the applicant to the DCM operator. The DCM operator shall perform the procedure for capturing of demographics and biometrics as stated in Section 5(h) hereof. Thereafter, he shall affix initial below the space provided for the EO’s signature in Part 2 of the application form.

If it is denied or not acted upon, the voter may file on any date with the proper Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order directing that the voter’s registration record be included in the precinct book of voters.  The voter shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the ERB and that he has served notice thereof to the ERB.


Sec. 15. Cancellation of registration records. – The ERB shall cancel the registration records of those who have died as certified by the Local Civil Registrar (LCR) on the dates scheduled for ERB hearings and remove their names from the list of voters.

The EO shall post in the bulletin board of his office the names of those whose registration records have been cancelled due to death, furnishing copies thereof to the local heads of registered political parties, the surviving spouse, if married and the father or mother, if single or if he has none, the nearest kin.

The Local Civil Registrar shall submit each month to the EO concerned a certified list of persons who died during the previous month.  In case the deceased is not a resident of the place where he died, the Local Civil Registrar shall notify the EO of the city/municipality of the deceased’s residence as appearing in his death certificate.

In addition, the sworn declaration of the attending Imam or next of kin, who have personal knowledge of the death and identity of the deceased, shall be considered and admitted as basis for cancellation of names of deceased registered voters.

The EO shall furnish copies of this list to the National Central File Division and Office of the Provincial Election Supervisor.

Sec. 16. Deactivation of registration records. – Grounds; Procedure -
1) The grounds for deactivation are as follows:
a) Those who have been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty. Provided, that any such person shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence as certified by the clerk of court of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts or the Sandiganbayan; 
b) Those who have been adjudged by final judgment of a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearms laws, or any crime against national security unless restored to their full civil and political rights in accordance with law; Provided, that such person shall automatically regain his right to vote upon the expiration of five (5) years after service of sentence; 
c) Those declared by competent authority to be insane or incompetent; 
d) Those ordered excluded from the list of voters by the court; and 
e) Those who have lost their Filipino citizenship.
2). For this purpose, the Clerk of Court shall furnish the EO concerned at the end of each month a certified list of persons with their addresses, who have lost their Filipino citizenship; were declared insane/incompetent; have been sentenced by final judgment to suffer imprisonment of not less than one (1) year, or have committed a crime involving disloyalty to the duly constituted government.
3) Deactivated registration records shall be removed from the corresponding precinct book of voters properly marked at the back with the date of deactivation and cause of deactivation pursuant to Section 27 of Republic Act 8189. Further, deactivation on the ground of failure to vote in the immediately preceding two (2) successive regular elections shall be effected only on the first ERB hearing on July 12, 2010.
Sec. 17. Challenge of right to register. – Any person applying for registration may be challenged in writing and under oath before the ERB by any voter or representative of a registered political party in accordance with the schedule provided in Section 3 hereof. The challenge shall be attached to the application form together with the proof of notice of hearing to the applicant.

Sec. 18. Authority of EO to administer oath and issue summons. – The Election Officer is authorized to administer oath, issue subpoena duces tecum and swear in witnesses for purposes of registration. No fee shall be charged for the administration of the oath. But fees and expenses incidental to the issuance of the summons shall be paid in advance by the party in whose behalf the same was issued.

Sec. 19. Notice of hearing of applications. – Upon receipt of the applications, the EO shall immediately set them for hearing, the notice of which shall be posted in the municipality/city bulletin board and in his office in accordance with the schedule provided in Section 3 hereof, furnishing copies thereof, to the heads or representatives of registered political parties and other accredited groups or organization in the city/municipality. Names and addresses of the applicants shall be attached to the notice.

Each applicant will be notified of the date of ERB hearing of his/her application by indicating the same on the Acknowledgment Receipt, with information that he/she need not appear unless required by the Board to do so. On the date of the hearing, the EO shall receive such evidence for or against the applicant.

Sec. 20. Approval or disapproval of application. – The ERB of the district/city/municipality shall hear the applications and, by majority vote, approve or disapprove the same in accordance with the schedule provided in Section 3 hereof. Should one day be insufficient for the processing of all accepted applications, the ERB shall meet daily until all applications shall have been processed, but not beyond August 23, 2010, and subject to the following guidelines, to wit:


Number of Applications Number of day(s) ERB Hearing
Less than 1,000 1
Less than 2,000 2
Less than 3,000 3
3,000 and above 4

If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground(s) therefore.

After each meeting, the ERB shall prepare in six (6) copies the Minutes of the Proceedings which shall include, among others, the following:
  1. Number of applications submitted to the Board for consideration;
  2. List of applicants whose application for registration/transfer (within and from outside)/correction of entries/change of name, reactivation, inclusion/reinstatement of record, was approved or disapproved by the Board indicating the application number opposite their names. There shall be a separate listing for applications for SK registration approved or disapproved.
The EO concerned shall, within five (5) days from the last day of hearing of the ERB, distribute copies of the Minutes to the following: (1) two (2) copies to the Office of the Provincial Election Supervisor (OPES), which shall retain one copy and send the other copy to the Registration Division, EBAD; (2) one copy each to the representatives of the Dominant Majority Party and the Dominant Minority Party; (3) one copy shall be posted in the Bulleting Board of his office; and (4) retain one copy for his file.

Failure to comply with the requirements of the two (2) preceding paragraphs shall be ground for disciplinary action and withholding of benefits granted by the Commission.

Sec. 21. Publication of action on applications. – Immediately within three (3) days from approval or disapproval of applications, the ERB shall post a notice in the bulletin boards of the municipality/city hall and in the office of the EO, stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon. The EO shall serve a copy of the notice either personally or by registered mail or special delivery, to the local heads or representatives of registered political parties in the city/municipality.

Sec. 22. Petition for Inclusion of Voters in the List. – Any person whose application for registration has been disapproved by the ERB or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time but not later than August 31, 2010.  It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the ERB. The petition shall be decided within fifteen (15) days after its filing.

If the decision is for the inclusion of the voter’s name in the permanent list of voters, the ERB shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same.


Sec. 23. Petition for Exclusion of Voters from the List. – Any registered voter, representative of a political party or the EO, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time but not later than August 31, 2010.  The petition shall be accompanied by proof of notice to the ERB and to the challenged voter and shall be decided within fifteen (15) days from its filing.

If the decision is for the exclusion of the voter’s name from the list, the ERB shall, upon receipt of the final decision, remove the voter’s registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file.

Sec. 24. Disposition of applications for registration, transfer of registration records, reactivation, inclusion/reinstatement of record, change of name, correction of entry/entries and the compact discs (CDs). – (a) At the close of each registration day, the Election Officer shall:
  1. Gather all accomplished application forms and compact discs (CDs) from the DCM Operator;
  2. Compile all accomplished forms per barangay and by precinct, arrange the application forms alphabetically by surname. Sangguniang Kabataan applications for registration shall be filed separately from the regular voters’ applications;
  3. All copies of the application shall be submitted by the EO to ERB, to be segregated only after it has been acted upon. The first copy shall remain with the Election Officer, the second copy to be submitted together with the Minutes of the Proceedings of the ERB to the OPES, and the third copy to the National Central File c/o the Election Records and Statistics Department (ERSD), Main Office, Manila;
  4. Generate a list of those who applied for registration or transfer of registration for the day, and other applications using the DCS utilities program. Said list shall be posted in the bulleting board of the city/municipality and in the office of the Election Officer;
  5. Prepare a report regarding the occurrence of any untoward incident during the day and the action taken thereon. For this purpose, each EO shall keep a journal to write down any important occurrences and incidents during the registration days; and,
  6. Store the application forms, CDs, other forms and supplies in a safe and secure place at the OEO.
(b) CDs that are not yet full or have been finalized shall be retrieved for use in the succeeding registration days.

(c) The EO shall prepare a statistical report on accomplished application forms, a sample format attached hereto as Annex “G”, and submit the same to the OPES.

(d) Finalization of CD shall be made after registration. The Election Officer shall back-up the file document.mdb or comelec.(myi, myd and frm) after the ERB hearing and before execution of the CONSOLIDATE function of DCS Utilities. The back-up of the document.mdb or comelec.(myi, myd and frm) shall contain only records approved by the ERB.

(e) Extraction of records updated after the May 10, 2010 elections shall be electronically transmitted to the ITD not later than August 25, 2010.


Sec. 25. Role of the Off-site Verification Teams - The Election and Barangay Affairs Department and Information Technology Department shall deploy personnel nationwide, from August 20 to 30, 2010, who shall be responsible for the checking and gathering of the following reports:
  1. Consolidated Quarterly Progress Report;
  2. Project of Precincts for the October 25, 2010 Barangay Elections based on the program/format used in the May 10, 2010 National and Local Elections;
  3. List of applicants whose applications were approved or disapproved by the ERB, indicating the application number opposite their names; and,
  4. SNPDAT or soft copy of the voters’ database.
Sec. 26. Role of the Regional and Assistant Regional Director and Provincial Election Supervisor. – The RED, ARED and PES shall ensure compliance of all EOs on the timely submission of all required reports.

Failure by the EOs to submit the required reports shall be ground for disciplinary action such as but not limited to withholding of benefits granted by the Commission.  PESs, AREDs and REDs shall likewise be held responsible for EOs’ failure to submit the reports within the timelines.

Sec. 27. Applicability of other resolutions of the Commission. – The other resolutions of the Commission insofar as applicable and when not inconsistent herewith, shall apply in the registration of voters.

Sec. 28. Effectivity, publication, and dissemination. – This Resolution takes effect seven (7) days after publication. The Education and Information Department is hereby directed to:
  1. Cause the publication of this resolution in two (2) daily newspapers of general circulation in the Philippines;
  2. Plan and implement a nationwide information campaign; and
  3. Furnish copies of this Resolution to all Regional Election Directors, Assistant Regional Directors, Provincial Election Supervisors and Election Officers.
S0 ORDERED.
(Sgd.) JOSE A.R. MELO
Chairman

(Sgd.) RENE V. SARMIENTO
Commissioner

(Sgd.) NICODEMO T. FERRER
Commissioner

(Sgd.) LUCENITO N. TAGLE
Commissioner


(Sgd.) ARMANDO C. VELASCO
Commissioner

(Sgd.) ELIAS R. YUSOPH
Commissioner

(Sgd.) GREGORIO Y. LARRAZABAL
Commissioner

Friday, July 16, 2010

SK voters' registration set to August 6-15


The Commission on Elections, in a resolution, has set the dates for Sangguniang Kabataan (SK) voters’ registration to August 6, 2010 until August 15, 2010.
COMELEC Resolution No. 9004, promulgated July 12, 2010, stressed on the value of having an “assembly of youth” in every Barangay. Called the “Katipunan ng Kabataan,” its primary objective according to Article 202, Rule XXVII of the Rules and Regulations Implementing the Local Government Code of 1991, is “to enhance the social, political, economic, cultural, intellectual, moral, moral, spiritual and physical development of the youth of the country.”
The COMELEC said any Filipino citizen who are at least fifteen (15) but below eighteen (18) years of age and are residents of the Barangay where they intend to vote for at least six (6) months, may register as members of the Katipunan ng Kabataan.
“The applications for registration as members of the Katipunan ng Kabataan shall be filed from 8:00 o’ clock in the morning to 7:00 o’ clock in the evening, at the Office of the Election Officer of the city/municipality where the applicant resides,” stated the COMELEC resolution.
The COMELEC said SK voters may register even on weekends.
Applicants must present any of the following documents when they register: A) Certificate of Live Birth, B) Baptismal Certificate, C) School Records or any other document that will establish his identity and other qualifications.
The COMELEC however clarified that Community Tax Certificates or cedulas or certification from the Barangay will not be honored.

Monday, July 12, 2010

SK 2010 Voter's Registration Rules and Regulations



COMELEC Resolution No. 9004

RULES AND REGULATIONS FOR THE REGISTRATION OF MEMBERS OF THE KATIPUNAN NG KABATAAN IN CONNECTION WITH THE OCTOBER 25, 2010 ELECTION OF MEMBERS OF THE SANGGUNIANG KABATAAN

Promulgation: 12 July 2010




WHEREAS, Article 202, Rule XXVII of the Rules and Regulations Implementing the Local Government Code of 1991 provides for an assembly of youth in every barangay to be known as Katipunan ng Kabataan whose primary objective is to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the youth of the country;

WHEREAS, Article 203 of the same Rule provides that the Katipunan ng Kabataan of each barangay shall elect its Sangguniang Kabataan composed of a chairman and seven members;

WHEREAS, the commission on Elections, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, Republic Act Nos. 9340, 9164, 8189, the Omnibus Election Code and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the following rules and regulations to govern the conduct of registration of members of the Katipunan ng Kabataan for purposes of the October 25, 2010 elections of members of the Sangguniang Kabataan;

Section. 1. Who may be registered as members of the Katipunan ng Kabataan. - Any Filipino citizen who is:
a) At least fifteen (15) but below eighteen (18) years of age on October 25, 2010;
b) Actually residing in the barangay for at least six (6) months on election day;
c) Not otherwise disqualified by law.
Section. 2. Who are disqualified to register. - The following are disqualified to register as members of the Katipunan ng Kabataan:

a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty. Any person so disqualified shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence;
b) Any person who has been adjudged by final judgment of a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearms laws, or any crime against national security, as defined and penalized under the Revised Penal Code. However, he shall automatically regain his right to vote upon the expiration of five (5) years after service of sentence; and
c) Insane or incompetent persons as declared by competent authority.
Section. 3. Date, time and place of filing, and hearing for approval/disapproval of applications for registration. - The applications for registration as members of the Katipunan ng Kabataan shall be filed from 8:00 o'clock in the morning to 7:00 o'clock in the evening, at the Office of the Election Officer of the city/municipality where the applicant resides, and shall be heard in accordance with the following schedule:

PERIOD TO FILE APPLICATIONS
LAST DAY TO POST NOTICE OF HEARING OF APPLICATIONS FOR REGISTRATION
LAST DAY TO FILE OPPOSITION TO APPLICATIONS FOR REGISTRATION
ERB HEARING FOR APPROVAL OR DISAPPROVAL OF APPLICATIONS FOR REGISTRATION
August 6, 2010 to August 15, 2010
August 16, 2010
August 18, 2010
August 20, 2010

Section. 4 Procedure for filing of applications for registration. - The filing of applications for registration shall proceed as follows.

a) The applicant shall personally appear before the Election Officer of the city/municipality where he resides, state his name and exact address, specifying the house number, name of the street, area, district, purok or sitio and barangay where he resides, or a brief description of his residence, and present any of the following documents:
1.    Certificate of Live Birth;
2.    Baptismal Certificate;
3.    School records; or
4.    Any other document that will establish his identity and other qualifications.
Community Tax Certificate and certification of barangay official shall not be honored.
b) In the absence of the above documents, any person may, under oath, identify the applicant. However, no person shall be allowed to identify more than three (3) applicants unless they are immediate members of his family.
c) The Election Officer shall then determine if the applicant resides within the territory of any of the barangays in the city/municipality. If so, the Election Officer shall inform him of the qualifications and disqualifications for registration.
In addition, the Election Officer shall inform the applicant of the name(s) and location(s) of existing voting center(s) in the baranqay where the applicant resides, and require him to write in the space provided for in the application form the name and location of the voting center that is nearest and most accessible to his residence.
d) Thereafter, the Election Officer shall assign an application number and record in a logbook the applicant's name and the application number given to him and forthwith issue the application form in two (2) copies to the applicant;
e) Upon receipt of the application form, the applicant shall accomplish the two (2) copies individually in his own handwriting and in the presence of the Election Officer or his duly authorized representative. The use of carbon paper shall not be allowed;
f) The Election Officer shall guide the applicant on how to accomplish the application form to ensure that all entries are complete, legibly written and that:
1.    The three (3) specimen signatures of the applicant are properly affixed on each copy;


2.    The rolled imprints of his left and right thumbs are clearly and distinctly impressed.

In case the applicant's thumbprints are blurred, smudged or faint, they shall be retaken on any available space of the application form. If the applicant refuses to have his thumbprints retaken, his accomplished application form shall be rejected by the Election Officer and marked as such accordingly. The applicant shall be informed that such rejection is equivalent to non-registration; and
3.    The name and location of the voting center are indicated.
g) In case the applicant is illiterate or physically disabled to accomplish the application form, he may be assisted by the Election Officer or any of the applicant's relative within the fourth civil degree of consanguinity or affinity or any member of an accredited citizens arm in accordance with the provision of Republic Act No. 8189 and its implementing rules.
h) After accomplishing the two (2) copies of the application forms, the applicant shall return the same to the Election Officer who shall examine the completeness of the data written therein. If the data are complete, the Election Officer shall accomplish the "acknowledgement receipt" at the bottom portion of the application form, detach the same and give it to the applicant.
Section 5. Notice of hearing of application. - Upon receipt of the application, the Election Officer shall immediately set them for hearing in accordance with the schedule shown in Section 3 hereof, notices of which shall be posted in the city/municipal bulletin board and in his office, furnishing copies thereof to the applicants concerned and other accredited groups or organization in the city/municipality.

Section 6. Challenge of right to register. - Any person who meets the qualifications for membership in the Katipunan ng Kabataan, may challenge in writing and under oath any application for registration, stating the ground for the challenge. The challenge shall be filed at the Office of the Election Officer within the time provided under Section 3 hereof.

In case of challenge, the Election Officer shall, immediately notify the applicant challenged, and require the applicant to be present during the hearing so that he can rebut or refute the evidence against his application. The challenge shall be attached to the application form together with the proof of notice of hearing to the challenger and to the applicant.
Section 7. Approval or disapproval of application. - The Election Registration Board (ERB) shall act on all applications for registration and shall, by majority vote, approve or disapprove the application in accordance with the schedule stated in Section 3 hereof. If the Board disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground (s) for the disapproval.
In case of approval, any aggrieved party may file a petition for exclusion with the proper Municipal or Municipal Circuit or Metropolitan Trial Court not later than August 31, 2010.
In case of disapproval, the aggrieved party may file with the proper Municipal or Municipal Circuit or Metropolitan Trial Court a petition for inclusion not later than August 31, 2010.
Section 8. Publication of action on application for registration. - Immediately after the approval or disapproval of an application for registration, the ERB shall post a notice in the bulletin board of the municipal/city hall and in the Office of the Election Officer stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon.

Section 9. Preparation of the List of Katipunan ng Kabataan members. - After the meeting of the Election Registration Board on August 20, 2010, the Election Officer shall immediately compile all the approved applications for registration (copy for the Election Officer) by barangay, segregate the barangay compilation by voting centers as indicated in the approved application for registration, and arrange the approved applications by surname in alphabetical order.

The other copy shall be submitted to the Office of the Provincial Election Supervisor.
The Election Officer shall prepare a list of voters with voting records in each voting center with the names arranged alphabetically by precinct at the rate of two hundred (200) voters per precinct. The Information Technology Department (ITD) of the Commission shall prepare a program for the preparation of the list.
Section 10. Numbering of precincts. - The precincts established herein shall be indicated by the initials "SK" followed by the Arabic numeral beginning with the figure (1). The numbering shall start in the barangay of the city or municipality that is first in the order of sequence as appearing in the regular Project of Precincts, and shall continue until the last barangay.

In the case of cities consisting of two or more legislative districts, or cities and municipalities divided into two or more councilor districts, the numbering shall start with SK1 for the first district. The second district shall start with the next number succeeding the last precinct number of the first district. The same sequence of numbering shall be followed for the rest of the districts, if any.
Section 11. Posting of the preliminary list of voters. - On or before August 21, 2010, the Election Officer shall post the preliminary list of voters at the Office of the Election Officer and in the bulletin board of the barangay hall concerned.

Section 12. Voters excluded through inadvertence or registered with an erroneous or misspelled name. - Any registered voter whose approved registration record has not been included in the list of voters or who has been included therein with a wrong or misspelled name may file with the ERB an application for inclusion of his record, or reinstatement or correction of his name, as the case may be. If it is denied or not acted upon, the voter may file on any date with the proper Municipal or Municipal Circuit or Metropolitan Trial Court a petition for an order directing that the voter's name be entered or corrected in the list. The voter shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of voters, together with proof that his application for inclusion of his record or reinstatement or correction of name, as the case may be, was denied or not acted upon by the ERB and that he has served notice thereof to the ERB.

Section 13. Petition for inclusion of voters. - Any person whose application for registration has been disapproved or whose name, despite approval of his application for registration, has been stricken out from the list may, not later than August 31, 2010, file with the Municipal or Municipal Circuit or Metropolitan Trial Court concerned, a sworn petition for the inclusion of his name in the list of voters for the Sangguniang Kabataan elections. The petition shall be decided within fifteen (15) days from its filing.

Section 14. Petition for exclusion of voters. - Any registered Katipunan ng Kabataan voter may, not later than August 31, 2010, file with the proper Municipal or Municipal Circuit or Metropolitan Trial Court, a sworn petition for the exclusion of a registered voter in the list of voters for the Sangguniang Kabataan elections. The petition shall be accompanied by proof of notice to the ERB and to the challenged voter and shall be decided within fifteen (15) days from its filing.

Section 15. Posting of the certified and final list of voters. -The ERB shall, on or before September 6, 2010, post the certified and final list of voters for the Sangguniang Kabataan Elections at the Office of the Election Officer and in the bulletin board of the barangay concerned.

Section 16. Effectivity, Publication and Dissemination. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
The Education and Information Department is hereby directed to:
1.    Cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines; and


2.    Furnish copies of this Resolution to all Regional Election Directors, Assistant Regional Directors, Provincial Election Supervisors, Election Officers, and the Department of the Interior and Local Government.

S0 ORDERED.
(Sgd.) JOSE A.R. MELO
Chairman
(Sgd.) RENE V. SARMIENTO
Commissioner
(Sgd.) NICODEMO T. FERRER
Commissioner
(Sgd.) LUCENITO N. TAGLE
Commissioner
(Sgd.) ARMANDO C. VELASCO 
Commissioner
(Sgd.) ELIAS R. YUSOPH
Commissioner
(Sgd.) GREGORIO Y. LARRAZABAL
Commissioner

Nuffnang

Search This Blog